Uttarakhand HC Quashes President’s Rule; Floor Test on 29 April

Uttarakhand HC had earlier said it was “pained” at the Centre’s behaviour.

Former Uttarakhand Chief Minister Harish Rawat. (Photo: PTI)

The Uttarakhand High Court, on Thursday, struck down the President’s rule imposed in the state by the central government. Former Chief Minister of Uttarakhand Harish Rawat will be reinstated in his position, KC Kaushik, Rawat’s lawyer, said.

Also read: Forget Everything, Let’s Work Together: Harish Rawat to Centre

The High Court has ordered the floor test for Rawat to prove his majority to be held on 29 April.

The Bharatiya Janata Party (BJP) called all its Uttarakhand MLAs to Dehradun hours after the HC order. Home Minister Rajnath Singh and Finance Minister Arun Jaitley met BJP President Amit Shah at his residence in Delhi.

Vijay Bahuguna, one of the rebel MLAs suggested the central government to move the Supreme Court against the HC order. Anticipating the Centre’s SC move, Harish Rawat filed a caveat in SC.

The court had earlier said it would be a “travesty of justice” if the Centre recalls its order imposing President’s Rule and allows someone else to form a government now.

In its fourth continuous day of hearing, the court also told the Centre that it could allow the ousted Chief Minister Harish Rawat’s petition challenging the imposition of President’s Rule and ensure that a floor test is held.

Should we consider their application for stay moved on 7 April? It was expected that till the judgement is pronounced, Central government will not recall (Article) 356. If you recall 356 and call someone else to form a government, what else would it be other than travesty of justice?

Bench of Chief Justice KM Joseph and Justice VK Bisht

HC Raps Centre on Knuckles

The strong words of the court came after the Centre’s counsel said it was not in a position to give an assurance that the government would consider putting on hold the recall of its order imposing President’s Rule for a week. It gave the government’s counsel some time to take instructions.

Otherwise you can do this in every state. Impose President’s rule for 10-15 days and then ask someone else to take oath. More than angry, we are pained that you are behaving like this. That the highest authority – the Government of India – behaves like this. How can you think of playing with the court?

HC Bench

“What if we allow the petition? Then things would go back to what it was prior to the President’s Rule and the state government will only have to prove majority by way of floor test. Can you take exception to that also?” the bench had asked the Centre.

Referring to the narrative of the HC’s orders, BJP General Secretary Kailash Vijayvargiya said that the order was expected and that Rawat will not be able to prove his majority in the floor test.

On 29 April during floor test it will be proved that Harish Rawat is in minority. Taking into view HC bench’s remarks in last three days, we were expecting this order. It is not surprising. 

Kailash Vijayvargiya, BJP General Secretary

Congress Welcomes HC Decision

The Congress has welcomed the decision to reinstate Rawat’s government in Uttarakhand. Party spokesperson Randeep Surjewala has sought an apology from Prime Minister Narendra Modi.

Virtually re-uniting the state Congress, Rawat took a dig at the nine rebel Congress MLAs and thanked the Congress MLAs who stayed back with the party. The suspension of the nine MLAs remains to be a sticking point for the party.

That matter (9 rebel MLAs) is sub judice before single judge and no comment has been given by court in this judgement. 

Rakesh Thapliyal, Additional Solicitor General (ASG)

Ahmed Patel of the Congress party called the order a victory of democracy. Without mentioning what the democracy has won over, Patel said;

The verdict of Uttarakhand High Court is not just a victory for the Congress party but a victory for democracy.

The bench has also said that the fate of nine Congress MLAs was entirely irrelevant and extraneous to imposition of President’s rule.

Embarrassment to Modi-Government

Former chief minister of another Congress stronghold which was put under President’s rule, Arunachal Pradesh, Nabam Tuki welcomed the HC decision and congratulated Rawat on his victory.

The Aam Aadmi Party (AAP) took the opportunity to reinstate its stance on the Centre “interfering” in state matters.

This is a huge embarrassment to Modi government. He should stop interfering with elected governments and respect democracy. 

Arvind Kejriwal, Delhi Chief Minister

Congress is proud of the judicial system to whom alone and aggrieved citizens of country can turn for relief in times of stress. 

Abhishek Manu Singhvi, Congress Member